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4 Factors That Could Jeopardize Prenuptial Agreements

prenuptial agreements, McHenry County divorce lawyerEvery couple fantasizes about a perfect life after marriage; however, reports indicate that nearly 44 percent of married couples in the United States divorce. For this reason, engaged couples may consider signing a prenuptial agreement to protect their finances in the event of divorce.

Like many other matters in marital law, prenuptial agreements come with a long list of complex considerations. In some cases, a seemingly minor mistake may render the contract void.

Four Factors that May Render a Prenuptial Agreement Invalid

1. One spouse signed the prenuptial agreement under coercion or duress.

According to the Illinois General Assembly, in order for a prenup to be legal, both spouses must have signed the document without duress or coercion. If one spouse can demonstrate that any threats—verbal, physical, or otherwise—convinced him or her to sign the contract, the prenup may be void.

2. The spouses did not sign the prenup properly. 

The laws surrounding prenuptial agreements are complicated and often confusing. For this reason, couples who want a prenup should hire an attorney to supervise the process and provide legal guidance. Without following the proper procedures, the prenup may be invalid.

3. The prenup includes illegal restrictions.

There are certain expenses that a prenup cannot cover. For example, the contract cannot excuse one spouse from paying child support. Alimony is an additional expense that is exclusive from a prenuptial agreement.

4. The couple signed the prenup without proper disclosure of assets and finances. 

Both spouses must be fully aware of each other’s finances and assets. Otherwise, the courts may throw out the prenup.

Consult with a Knowledgeable Illinois Family Law Lawyer Today

If you are considering a prenuptial agreement and would like to speak with a knowledgeable McHenry County divorce lawyer, please contact the Thomas Law Office today at 847-426-7990 to schedule your consultation. We are available to help you and will look out your best interests.

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